Village of Fredonia, WI Juveniles

This section shall not apply to a child:

(a)

Who is performing an errand as directed by his parent, guardian or person having lawful custody.

(b)

Who is on his own premises or in the areas immediately adjacent thereto.

(c)

Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.

(d)

Who is returning home from a supervised school, church or civic function.

These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 16 years of age to allow or permit such person to violate the provisions of A or B above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian or custodian allowed or permitted the present violation. Any parent, guardian or custodian herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any person under 16 years of age to violate this section.

Responsibility of places of amusement. It shall be unlawful for any person, firm or organization operating or in charge of any place of amusement, entertainment, refreshment or other place of business to permit any minor under 16 years of age to loiter, loaf or idle in such a place during the hours prohibited by this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business during the hours prohibited by this section shall find persons under 16 years of age loitering, loafing or idling in such place of business, he shall immediately order such person to leave and if such person refuses to leave said place of business, the operator shall immediately notify the Police Department and inform them of the violation.

Detaining a minor. Law enforcement officers are hereby authorized to detain any minor violating the provisions of this section and immediately notify the parent, guardian or person having legal custody of the minor; the person so notified shall as soon as reasonably possible thereafter report to Village law enforcement officers for the purpose of taking custody of the minor and shall sign a release for him or her, or such child may be taken directly from the scene of his apprehension to his home. If such child's parents or relative living nearby cannot be contacted to take custody of such child and it is determined by the apprehending officer that the child's physical or mental condition is such as would require immediate attention, the police officer may make such necessary arrangements as may be necessary under the circumstances for the child's welfare.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Penalty.

Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection E and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-4 of this Code of Ordinances. After a second violation within a six-month period, if the defendant, in a prosecution under this section, proves that he or she is unable to comply with this section because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats.

§ 347-5 Smoking by minors; possession of smoking materials, nicotine products, vapor products and electronic smoking device products regulated.

Any minor person under 16 years of age who shall violate this section shall, upon conviction thereof, pay the forfeiture in accordance with the current Village Schedule of Forfeitures,[1] together with the cost of prosecution.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)[2]]

[1]

Editor's Note: The Schedule of Forfeitures is on file in the Village office.

[2]

Editor's Note: This ordinance also repealed original Sec. 11-5-2, Possession of controlled substances by juveniles, which immediately followed this section, and added a reference to § 425-1A of the Code.

§ 347-2 Petty theft by juveniles.

It shall be unlawful for any person under the age of 18, with intent, to steal or take property from the person or presence of the owner without the owner's consent and with the intent to deprive the owner of the use thereof.

§ 347-3 Receiving stolen goods.

It shall be unlawful for a person under the age of 18 to intentionally receive or conceal property he knows to be stolen.

§ 347-4 Village jurisdiction over persons 12 through 17 years of age.

Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby adopted and by reference made a part of this section as if fully set forth herein.

Provisions of chapter applicable to persons 12 through 17 years of age. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code of Ordinances against persons 12 through 17 years of age may be brought on behalf of the Village of Fredonia and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.

No incarceration as penalty. The Court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.

Additional prohibited acts. In addition to any other provision of the Village of Fredonia Code of Ordinances, no person age 12 through 17 shall own, possess, ingest, buy, sell, trade, use as a beverage, give away or otherwise control any intoxicating liquor or fermented malt beverage in violation of Ch. 125, Wis. Stats.

Penalty for violations of Subsection D. Any person 12 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-4 of these ordinances exclusive of the provisions therein relative to commitment in the county jail.

[Amended 6-16-2022 by Ord. No. 2022-3]

Definitions. As used herein below, the following terms shall have the meanings indicated:

CIGARETTE

Has the meaning given in § 139.30(1m), Wis. Stats.

ELECTRONIC SMOKING DEVICE

Any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to stimulate smoking through inhalation of vapor or aerosol from the product. Electronic smoking device includes any components and parts of such product, whether or not sold separately including, without limitation, nicotine-containing e-liquids, a glass or plastic vial container of e-liquid, cartridges, atomizers, batteries, cartomizers, clearomizers, digital display or lights to adjust settings, tank systems, drip tips and flavorings.

NICOTINE PRODUCT

A product that contains nicotine and is not any of the following:

A tobacco product, as defined in § 139.75(12), Wis. Stats.

A cigarette.

A product that has been approved by the US Food and Drug Administration for sale as a smoking cessation product or for another medial purpose and is being marketed and sold solely for such an approved purpose.

SCHOOL

A public, parochial, private, or tribal school which provides an educational program for one or more grades between Grades 1 and 12 and which is commonly known as an elementary school, middle school, junior-high school, senior-high school or high school.

SMOKE or SMOKING

The act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation including, without limitation, hookahs and marijuana, whether natural or synthetic, in any manner or form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking set forth in this section.

VAPOR PRODUCTS

Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" includes, without limitation, any vapor cartridge, solution, or other container or form, with or without nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor products" do not include any products regulated by the US Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Restrictions on sale or gift of nicotine products to persons under 18 years of age. Except as modified by this section, § 134.66, Wis. Stats. (as amended from time to time), relating to restrictions on the sale or gift of nicotine products to persons under the age of 18, is hereby adopted by reference as though set forth herein.

Purchase or possession of nicotine products by persons under 18 years of age prohibited. Except as modified by this section, § 254.92, Wis. Stats. (as amended from time to time), prohibiting, with certain exceptions, the purchase, attempted purchase, or possession of nicotine products by persons under the age of 18, and prohibiting the purchase of nicotine products by persons on behalf of or to provide to persons under the age of 18, is hereby adopted by reference as though set forth herein.

Possession or use of nicotine products, vapor products or electronic smoking devices by person under age 18 prohibited within the village, school buildings, grounds and activities. No person under the age of 18 shall possess, smoke, or otherwise use any nicotine product, vapor product, or electronic smoking device with the Village including, without limitation, inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an education facility as defined in § 101.123(1), Wis. Stats.

Use of nicotine products, vapor products or electronic smoking devices in school buildings, on school grounds or at school activities prohibited. No person shall smoke or otherwise use any nicotine product, vapor product, or electronic smoking device inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an educational facility as defined in § 101.123(1), Wis. Stats.

Possession or use of nicotine products, vapor products or electronic smoking devices in or upon village building premises prohibited. No person under the age of 18 shall possess, smoke, or otherwise use any nicotine product, vapor product or electronic smoking device in or upon any building premises owned, leased or used by the Village.

Sale or gift of vapor products or electronic smoking device to persons under 18 years of age prohibited. Consistent with §§ 134.66 and 254.92, Wis. Stats., no person shall sell, or provide for no or nominal consideration, any vapor product or electronic smoking device to persons under the age of 18.

Penalties. Any person who violates Subsections D, E, F, or G shall be subject to a forfeiture in accordance with the Village bond schedule.

§ 347-6 Drug paraphernalia.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DRUG PARAPHERNALIA

All equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, selling, distributing, delivering, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introduced into the human body, a controlled substance, as defined in Ch. 961, Wis. Stats., in violation of this section. It includes but is not limited to:

Kits used, intended for use, or designed for use, in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

Kits used, intended for use, or designed for use, in manufacturing, selling, distributing, delivering, compounding, converting, producing, processing, or preparing controlled substances;

Isomerization devices used, intended for use, or designed for use, in increasing the potency of any species of plant which is a controlled substance;

(4)

Testing equipment used, intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;

(5)

Scales and balances used, intended for use, or designed for use, in weighing or measuring controlled substances.

(6)

Diluents and adulterants, such a quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7)

Separation gins and sifters used, intended for use, or designed for use, in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use, in compounding controlled substances;

(9)

Capsules, balloons, envelopes, or other containers used, intended for use, or designed for use, in packaging small quantities of controlled substances;

(10)

Containers and other objects used, intended for use, or designed for use, in storing or concealing controlled substances;

(11)

Hypodermic syringes, needles, or other objects used, intended for use, or designed for use, in parenterally injecting controlled substances into the human body;

(12)

Objects used, intended for use, or designed for use, in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, including, but not limited to:

(a)

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(b)

Water pipes;

(c)

Carburetion tubes and devices;

(d)

Smoking and carburetion masks;

(e)

Objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(f)

Miniature cocaine spoons and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chilliums;

Bongs;

Ice pipes or chillers.

Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered, without limitation of such other consideration a court may deem relevant:

Statements by an owner or by anyone in control of the object concerning its use;

Prior convictions, if any, of an owner or of anyone in control of the object, under any city, state or federal law relating to any controlled substance;

The proximity of the object in time and space to a direct violation of this section;

(4)

The proximity of the object to controlled substances;

(5)

The existence of any residue of controlled substance on the object;

(6)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom the person knows, or should reasonably know, intent to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of this object, as to a direct violation of this section, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

(7)

Oral or written instructions provided with the object concerning its use;

(8)

Descriptive materials accompanying the object which explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

Direct or circumstantial evidence of the ration of sales of the object to the total sale of the business enterprise;

(12)

The existence and scope of legitimate uses for the object in the community;

(13)

Expert testimony concerning its use.

Prohibited activities.

Possession of drug paraphernalia. No person may use, or possess, with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section. Possession of drug paraphernalia shall give rise to a rebuttable presumption of prohibited use.

Manufacture, sale of delivery of drug paraphernalia. No person may sell, deliver, possess with intent to deliver or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, inhale or otherwise introduce into the human body a controlled substance in violation of this section.

Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection B of this section by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.

(4)

Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication, or upon any outdoor billboard or sign, any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(5)

Exemption. This subsection does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture, or use of hypodermics, in accordance with Ch. 961, Wis. Stats.

Penalties.

Any drug paraphernalia used or possessed in violation of this section shall be seized and forfeited to the Village in accordance with the provisions of the Fredonia Code of Ordinances as to property forfeiture.

Any person who violates Subsection A or B above shall, upon conviction, be subject to forfeitures in accordance with the Village's Schedule of Forfeitures, together with costs of prosecution, and upon default of payment be imprisoned in the county jail or house of correction until the total forfeiture and costs are paid, but not to exceed 30 days.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]